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ROHRER v. FSI FUTURES, INC.

No. 94 Civ. 6345(CSH).

981 F.Supp. 270 (1997)

Thomas ROHRER, Walter Ritter, Ralf Schenek, Gabriele Lichlederer-Wenniger, Mohaupt Reinhard, Karin Knoll, Lothar Heinzle, Alfred Muth and Susanne Roth, individually and on behalf of all others similarly situated, Plaintiffs, v. FSI FUTURES, INC., Techno Trading Systems Company, Michael Hjalmar Thomas, individually and d/b/a Hosse USA Inc. and Lit America, Inc., Defendants.

United States District Court, S.D. New York.

October 20, 1997.

Attorney(s) appearing for the Case

Roger J. Bernstein, New York City, for Plaintiffs.

Christopher Lovell, Lovell & Skirnick, LLP, New York City, for Defendants.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge:

In this action brought by citizens and residents of Germany under the anti-fraud provisions of the Commodities Exchange Act, 7 U.S.C. § 1 et seq ("CEA"), which also asserts common law legal and equitable claims, defendants move to dismiss the complaint pursuant to Rule 12(b)(3), Fed.R.Civ.P., for improper venue; or, in the alternative, pursuant to Rule 12(b)(1) for lack of subject...

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